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Research On The Object Of Extinctive Prescription System

Posted on:2018-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LinFull Text:PDF
GTID:2416330515953540Subject:Law
Abstract/Summary:PDF Full Text Request
Although the extinctive prescription is the system that aims at protecting the rights.But,in a sense,it may also eliminate or limited the rights.So,the designing of the system should be very carefully.As one of the three sub-systems of the extinctive prescription,the object system plays an important role in the extinctive prescription.The designing of the object system may affect the running of the extinctive prescription directly.So,it is necessary to study and discuss the object system of the extinctive prescription.This article is divided into four chapters altogether.The first chapter mainly to solve the following questions.The first,what is the extinctive prescription?The second,why does the extinctive prescription system exist?The third,what is the object of the extinctive prescription?The fourth,why we talk about the object of the extinctive prescription?And the last,How to talk about the object of the extinctive prescription?The second chapter mainly discusses the qualitative analyzing of the object.The first subchapter introduces the two analysis methods.We may find that the object of the extinctive prescription is the rights of claim by these two analysis methods.But what is the right of claim?There are difference opinions about this question.So,we discuss the real meaning of the right of claim in the second subchapter.And,in the third subchapter,we will re-interpret the object under the current legal framework of China.The third chapter mainly discusses the quantitative analyzing of the object.The first subchapter has firstly determined the quantitative standards.They are possibility standards,feasibility standards and necessity standards.The second subchapter mainly introduces consensus about the quantitative analyzing.And,in the third subchapter,we mainly discuss a controversial issue,"whether the claim of real rights apply to the extinctive prescription?"The fourth chapter mainly discusses the legislative situation of the object in our country.In the first subchapter,we will discuss and review the current rules of the object of China.And,in the second subchapter,we will introduce and evaluate the rules on"General Provisions of Civil Law(2017)".
Keywords/Search Tags:extinctive prescription, object, right of claim
PDF Full Text Request
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